Nelson, Tiffany

Tiffany Nelson, a human resources assistant/clerical worker, sustained an admitted industrial injury to her bilateral shoulders on May 16, 2014. The WCJ found 23 percent permanent disability after applying 50 percent apportionment to the right shoulder based on QME Dr. Khasigian's report attributing disability to age and right-hand dominance. The Board granted reconsideration, finding the QME's apportionment opinion was not substantial medical evidence because it failed to explain how and why nonindustrial factors (age, hand dominance, 'overall degeneration') caused the disability. The Board awarded an unapportioned award, increasing the rating to 29 percent. However, the Board affirmed the WCJ's conclusion that applicant's vocational expert (Frank Diaz) did not rebut the scheduled PDRS rating because his report relied on impermissible vocational apportionment and Kite analysis, referenced reporting not in evidence, and improperly equated lost labor market access with diminished future earning capacity.